The JAMMU AND KASHMIR BOARD OF SCHOOL EDUCATION ACT, 1975

BOARD OF SCHOOL EDUCATION
ACT, 1975
(Act No. XXVIII of 1975)
THE JAMMU AND KASHMIR BOARD OF SCHOOL EDUCATION
ACT, 1975
Act No. XXVIII of 1975
CONTENTS
Preamble
Section
CHAPTER I
1. Short title, extent and commencement.
2. Interpretation.
CHAPTER II
CONSTITUTION OF BOARD
3. Incorporation of the Board.
4. Composition of the Board.
5. Term of office of members.
6. Filling of vacancies on expiry of  term of office.
7. Vacancy of member owing to absence without permission.
8. Publication of names.
9. Headquarters of the Board and its two Divisions.
10. Powers and functions of the Board.
11. Officers of the Board.
12. Chairman.
13. Powers and duties of the  Chairman.
178 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975178 BOARD OF SCHOOL EDUCA TION ACT, 1975
Section.
14. Secretary.
15. Powers and functions of the Secretary.
16. Joint Secretary.
17. Powers and functions of the  Joint Secretaries.
17A. Director Academics.
17 B. Powers and functions of Director Academics.
18. Terms and conditions of service of employees.
CHAPTER III
FUNDS ACCOUNTS AND CONTRACTS
19. Constitution of Board Fund.
20. Custody and investment of Board Fund.
21. Application of Board Fund.
22. Audit of the Accounts of the Board.
22A. Financial Advisor.
23. Contracts.
CHAPTER IV
COMMITTEE OF THE  BOARD
24. Appointment and constitution of Committees.
25. Powers and functions of the Committees.
26. Other Committees.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 179
CHAPTER V
PROCEDURE OF THE BOARD AND OF ITS COMMITTEES
27. Casual vacancies.
28. Proceedings not invalidated by reason of vacancies and irregularities.
29. Quorum.
30. Members interested not to take part in discussion.
31. Powers of the Government.
32. Powers of the Government for removal of difficulty.
CHAPTER VI
MISCELLANEOUS
33. Powers of the Board to make regulations.
34. Omitted.
35. Copies of regulations and alterations thereof.
36. Provisions regarding institutions imparting secondary and higher
secondary education recognised by the Board of Secondary Education.
37. Admission of institutions to privileges of Board.
38. Continuance of service of the existing employees.
39. Alteration in the designation of a Government Officer.
40. Meetings of Board.
41. Transitional arrangements.
Section.
180 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
42. Assets and liabilities.
43. Legal proceedings.
43A. Copy right.
43B. Summary powers of recovery.
44. Repeal and savings.
–––––––
Section.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 181
JAMMU AND KASHMIR BOARD OF SCHOOL EDUCATION
ACT, 1975
(Act No. XXVIII of 1975)
[Received the assent of the Governor on 27th August, 1975 and
published in the Government Gazette dated 28th August, 1975.]
An Act to reform and re-organize School Education 1[in the Union
territory of Jammu and Kashmir] and consolidate and amend the law
relating thereto.
Whereas, with a view to securing that education should,––
(a) relate intimately to the development of the potentialities of
youth, to the National needs and to the aspirations of the
people ; and
(b) discover talent and nurture it ; and
(c) promote equality of opportunity by providing necessary
facilities ; and
(d) help generally to raise the standard of living and productivity
of the *[State] and achieve closer and willing participation of
the people in democratic processes. It is expedient that––
(1) facilities are provided for ensuring universalisation of
Elementary Education by arranging for a two point entry
system in the new educational system ; and
(2) the existing institutional structure at the higher secondary
stage be so co-ordinated as to provide for twelve years
schooling, ten years of schooling in secondary education
followed by two years in higher secondary education so
as to achieve a uniform pattern of Secondary and Higher
Secondary Education for laying the foundation of a
society which is academically alert, scientific in outlook
and forward looking ; and
1. Substituted for “in the State” by S.O. 3466 (E) dated 05.10.2020.
* Now Union territory of Jammu and Kashmir.
182 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
Whereas for securing the above objectives, it is necessary to reform,
reorganise and reconstruct the existing system of school education, and
for that purpose, to consolidate and amend the law relating thereto ; and
Whereas it is expedient to establish a Board to regulate, control and
develop Education in the *[State of Jammu and Kashmir] up to the Higher
Secondary level by providing varied course with a view to equipping
pupils for different occupations for education in the Universities and other
cultural purposes and to examine the candidates and to award certificates
to successful candidates and doing all other things incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the
Twenty-sixth Year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. ––(1) this Act may be
called the Jammu and Kashmir Board of School Education Act, 1975.
(2) It extends to the 1[whole of the Union territory of Jammu and
Kashmir].
(3) This section shall come into force at once and the other
provisions of this Act shall come into force on such 2date as the
Government may by notification in the **[Government Gazette] appoint.
3[(4) Nothing in this Act shall affect the application of the Right of
Children to Free Education Act, 2009 (35 of 2009)].
2. Interpretation.–– In this Act unless there is anything repugnant
in the subject or context,––
4[(a) “Affiliated” with its grammatical variations and cognate expressions
used with reference to an institution means affiliated or deemed to
be affiliated to the Board for the purposes of admission to the
privileges of the Board ;
* Now Union territory of Jammu and Kashmir.
1. Substituted for “whole of the State of Jammu and Kashmir” by S.O. 3466 (E) dated 05.10.2020.
2. Enforced with effect from 1-10-1975 vide SRO-474 dated 30-9-1975.
** Now Official Gazette.
3. Sub-section (4) inserted by S.O. 3466 (E) dated 05.10.2020.
4. Substituted for clause (a) ibid.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 183
(aa) “Board” means the Board of School Education established under
section 3 ;]
(b) “Chairman” means the Chairman of the Board ;
1[(c)  Elementary Education  means education at the elementary stage
in a school corresponding to Grades I to VIII as per courses
of study prescribed by a competent academic authority ;]
(d) “Examination” means any examination in general, technical,
vocational  education or in fine art courses or other examinations
within the purview of and conducted by the Board ;
2[(da) “Head of the Institution” means Headmaster or Principal or any
other Principal or Academic Officer, by whatever designation called,
of an affiliated institution ;]
(e) “Higher Secondary Education” means such general, technical,
vocational or special education (including any combined course
thereof) which follows the stage of Secondary Education and
is imparted in classes XI and XII and precedes the education
controlled by a University or any other examining body
established by law 3[in the Union territory or outside] ;
(f) “Institution/School” means an institution/school imparting
primary, secondary and/or higher secondary (school graduation)
education and includes the part of an institution imparting
instructions in the said course ;
(g) “prescribed” means prescribed by regulations ;
4[(h) “Recognised” with its grammatical variations and cognate
expressions, used with reference to institutions means
recognised schools or institutions by the Government for
imparting education to the students at Pre-primary, Elementary,
Secondary, Higher Secondary or Teachers Training level ;]
(i) “Regulations” means regulations made by the Board under this
Act ;
1. Clause (c) substituted by S.O. 3466 (E) dated 05.10.2020.
2. Claude (da) inserted ibid.
3. Substituted for “in the State or outside” ibid.
4. Clause (h) substituted ibid.
184 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(j) “Secretary” means the Secretary of the Board ;
(k) “Secondary Education” means such general, technical,
vocational or special education (including any combined course
thereof) which follows the stage of elementary education and
is imparted in classes IX and X and precedes the higher
secondary education ;
(l) “Text Book” in relation to any standard or course means any
book prescribed/approved by the Board or caused to be
prepared/approved by the Board ;
1[(m) “Training Institution” means a training institution run privately
or by the Government,and recognised by the Government and
affiliated to the Jammu and Kashmir Board of School Education].
CHAPTER II
CONSTITUTION OF BOARD
3. Incorporation of the Board. ––(1) The Government shall, by
notification in the *[Government Gazette], establish a Board of School
Education for the **State to advise the Government on matters of policy
relating to 2[Pre-primary Education, Elementary Education], Secondary
Education and Higher  Secondary Education and in respect of matters
specified by or under this Act.
(2) The Board shall be a body corporate by the name of the
“Jammu and Kashmir State Board of School Education” and shall
have perpetual succession and a common seal and shall have power to
acquire, hold and dispose of property and to enter into contracts and do
all other things necessary for the purpose of its constitution and may
sue or be sued by its corporate name as aforesaid.
3[4. Composition of Board.––The Board shall consist of the following
members, namely :––
(i) Chairman, Jammu and Kashmir Board of School Education ;
1. Clause (m) substituted by S.O. 3466 (E) dated 05.10.2020.
* Now Official Gazette.
** Now Union territory.
2. Substituted for “Elementary Education” by S.O. 3466 (E) dated 05.10.2020.
3. Section 4 substituted ibid.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 185
(ii) Administrative Secretary, School Education Department ;
(iii) Administrative Secretary, Youth Service and Sports
Department ;
(iv) Director School Education, Kashmir ;
(v) Director School Education, Jammu ;
(vi) Director State Council of Educational Research and Training,
Jammu and Kashmir or representative of National Council of
Educational Research and Training to be nominated by the
Chairman, National Council of Educational Research and
Training ;
(Vii)-(Viii) Two representatives not below the rank of Head of
Departments from Universities and institutes of eminence e.g.
Indian Institute of Technology/Indian Institute of
Management/All India Institute of Medical Sciences situated
in Jammu and Kashmir to be nominated by the Lieutenant
Governor of Jammu and Kashmir ;
(ix)-(x) Two eminent educationist unconnected with the
administration, to be nominated by the Lieutenant Governor
of Jammu and Kashmir ;
(xi)-(xii) Two officers to be nominated by the Lieutenant Governor
from amongst the Principals, Headmasters and Headmistress
of teaching institutions of the union territory.]
5. Term of office of members. ––(1) Members of the Board, shall hold
office for a period of three years from the date of the notification
published in the *[Government Gazette] under section 8 :
Provided that even after the said period of three years such members
shall continue to hold office till their successors have been notified under
section 8.
(2) A member nominated under any of the provisions of section 4
shall retain membership of the Board only so long as he holds the office
by virtue of which he was nominated.
* Now Official Gazette.
186 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
6. Filling of vacancies on expiry of term of office.–– When the term
of office of any member has expired, vacancy so caused shall be filled
without delay.
7. Vacancy of member owing to absence without permission.–– If
a member of the Board or any committee thereof during the term for which
he has been nominated, absents himself without the permission of the
Board or the committee, as the case may be, from three consecutive
meetings thereof, his office shall thereupon be declared by the Chairman
to be vacant.
8. Publication of names.–– The names of persons who have been
nominated to be members of the Board under section 4 shall be published
by the secretary by a notification in the *[Government Gazette].
9. Headquarters of the Board and its two Divisions.–– The
headquarters of the Board shall be at Srinagar and Jammu for such periods
as the Chairman may from time to time determine :
Provided that the two divisions of the Board shall be stationed
permanently at Srinagar and Jammu.
10. Powers and functions of the Board.–– Subject to the provisions
of this Act and also subject to the broad educational policies and such
directions and instructions as the Government may adopt and issue,
from time to time, the Board shall have the following powers and
functions :––
(i) to prescribe the courses of institution, prepare curricula and
detailed syllabi and also prescribe text books for the 1[pre-
primary], elementary, secondary school and higher secondary
(school graduation), school examinations, 1[Elementary Teachers
Training Course] ;
(ii) to conduct public examinations for persons who have pursued
the secondary school and higher secondary (school
graduation) school education courses, 1[Teachers Training
Education Courses] ;
(iii) to publish the results of examinations conducted by the
Board 1[through electronic and print media] ;
* Now Official Gazette.
1. Inserted by S.O. 3466 (E) dated 05.10.2020.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 187
(iv) to grant diplomas or certificates to persons who have passed
the examinations of the Board under conditions laid down in
the regulations ;
(v) to recognise institutions for the purpose of providing
instructions in the Secondary and Higher Secondary Courses
1[and Teachers Training Courses] on such conditions and on
receipt of such fees as may be fixed by the regulations ;
(vi) to require schools recognised by the Board, to extend their co-
operation in the conduct of examinations held by it, by placing
their staff, equipment, halls and rooms, laboratories and other
apparatus at the disposal of the Board ;
(vii) to conduct inspection of the recognised schools/Institutions
to ensure––
(a) that the recognised schools have the requisite facilities
of playgrounds, furniture, laboratories, library, equipment,
accommodation and qualified teaching staff as prescribed
by the regulations ;
(b) that no recognised school/institution adopts books as
courses of study other than those prescribed/approved
by the Board ;
(c) that the recognised schools/institutions maintain the
standard of education and impart instructions strictly in
accordance with the regulations made under this Act ;
(viii) to disaffiliate recognised schools which do not fulfil the
conditions laid down in clause (vi) and sub-clauses (a), (b),
and (c) of clause (vii) of this section ;
(ix) to admit candidates to the examination of the Board under the
conditions laid down by the regulations ;
(x) to demand and receive such fees as may be prescribed by the
regulations ;
(xi) to hold, control and administer the funds and property by the
Board ;
1. Inserted by S.O. 3466 (E) dated 05.10.2020.
188 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(xii) to receive bequests, donations, endowments, trusts and
other transfers of any property or interest therein ;
(xiii) to co-operate with the University of Jammu, University
of Kashmir, other Boards and with other authorities and
with other institutions in such manner and for such
purposes as the Board may determine ;
(xiv) to place before the Government the views of the Board
on any matter with which it is concerned ;
1[(xv) call for reports from the concerned Director of School
Education about the working and facilities available in a school
applying for affiliation with the Board ;]
(xvi) to adopt measures to promote the physical, moral, cultural
and social welfare of the students in recognised
institutions ;
(xvii) to take such measures as the Board may think necessary
to raise the standard of the education in the *State and
advise the Government on matters of policy relating to
2[Pre-primary], elementary, secondary and higher secondary
education 2[and Teachers Training Courses] ;
3[(xviii) to frame regulations for implementing various provisions
of this Act ;]
(xix) to institute and award medals and prizes and scholarships
under conditions that may be prescribed ;
(xx) to approve the annual financial estimates of the board
after having been endorsed by the Finance Committee ;
(xxi) to appoint committees consisting of such members of the
Board and such other persons, if any, as the Board in
each case may deem fit for carrying out specified purposes
and to delegate to these committees, such powers as it
may consider necessary ;
1. Clause (xv) substituted by S.O. 3466 (E) dated 05.10.2020.
* Now Union territory of Jammu and Kashmir.
2. Inserted ibid.
3. Clause (xviii) substituted ibid.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 189
(xxii) to issue instructions by correspondence ;
(xxiii) to exercise full academic control over the recognised
institutions ;
(xxiv) to obtain loans in furtherance of the objects of the
Board ;
(xxv) to delegate such of its powers to any officer or committee
of the Board as it may deem fit, provided that such
delegation is made by a majority of not less than two-
thirds of the members of the Board ;
(xxvi) to appoint, save as otherwise provided in this Act, the
Joint Secretaries and such other officers as may be declared
by the regulations to be the officers of the Board ;
1[(xxvii) (a) to constitute or appoint different Boards of Studies
for different subjects of studies at different stages
including elementary teacher education ;
(b) to undertake printing and publication of textbooks
prepared or developed and approved by the concerned
Courses Committee ;]
2[(xxviii) to liaise with different sister organisations at the national
level including the Council of Boards of Secondary
Education (COBSE), the National Council of Educational
Research and Trainings (NCERT), the National Council for
Teacher Education (NCTE) for furthering the objectives
of this Act ;]
(xxix) to constitute various divisions, units and committees for
the furtherance of its objectives ; and
(xxx) to do all such other acts and things as may be necessary
for furtherance of the objectives of the Board as a
corporate body constituted for regulating and supervising
elementary, secondary and higher secondary education in
the *State.
1. Clause (xxvii) substituted by S.O. 3466 (E) dated 05.10.2020.
2. Clause (xxviii) substituted ibid.
* Now Union territory of Jammu and Kashmir.
190 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
11. Officers of the Board.–– Subject to the other provisions of this
Act, the following shall be the officers of the Board, namely :––
(1) the Chairman ;
(2) the Secretary to the Board ;
(3) the Joint Secretaries to the Board ;
(4) such other officers as may be declared by regulations to be
the officers of the Board.
12. Chairman. ––(1) The Chairman shall be whole-time paid officer
of the Board and he will be appointed by the Government for such term
as the Government may determine :
Provided that the person acting a Chairman of the Board immediately
before the commencement of this Act, shall continue to act as such till
the appointment of a Chairman under this section is made by the
Government.
(2) The Chairman shall receive such salary not exceeding Rs. 2,500
P. M. and such other facilities as the Government may determine.
13. Powers and duties of the Chairman. ––(1) The Chairman shall
be the Head of the Board and shall ensure that this Act and the
regulations are faithfully observed and shall have all powers necessary
for the purpose.
(2) The Chairman may at any time, and shall at prescribed intervals
or on receipt of a requisition signed by not less than 1/3rd of the total
number of the members of the Board and stating the business to be
brought before the Board call a meeting of the Board in the prescribed
manner.
(3) The Chairman shall have the power to seek a review of previous
decision or decisions of the Board, as he deems necessary.
1[(4) If in the opinion of the Chairman any emergency has arisen which
requires that immediate action should be taken, he shall take such action
as he deems appropriate and shall thereafter, report the action taken to the
Board at its next meeting or a meeting convened for the purpose :
1. Sub-section (4) substituted by S.O. 3466 (E) dated 05.10.2020.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 191
Provided that the Chairman shall as soon thereafter as may be, report his
action together with reasons thereof to the office, authority or other body of
the Board or the Board, as the case may be, who or which would ordinarily
have dealt with the matter :
Provided further that no appointment of any nature, whatsoever, shall be
made under these powers :
Provided also that no promotions of any nature, whatsoever, shall be
made under these powers.]
(5) Subject to such rules and procedure as may be prescribed by the
Government the Chairman shall have the power to appoint the ministerial,
technical and inferior staff of the Board.
(6) The Chairman shall preside at every meeting of the Board at
which he is present.
(7) The Chairman may, subject to the approval of the Board, delegate
any of his powers prescribed under the provisions of this Act or
regulations made thereunder to the Secretary of the Board.
14. Secretary.––The Secretary of the Board shall be a whole-time
paid officer and shall be appointed by the Government with the concurrence
of the Board on such terms and conditions, as the Government may
determine :
Provided that the person acting as the Secretary of the Board
immediately before the commencement of this Act shall continue to act
as such till a Secretary under this section is appointed by the Government.
15. Powers and functions of the Secretary. ––(1) The Secretary shall,
subject to the control of the Board, be the Chief Executive Officer of the
Board.
(2) The Secretary shall, subject to the regulations prescribed in this
behalf, control the ministerial, technical and inferior staff of the Board
and shall maintain discipline in all the Units of the Board and take action
whenever needed for the purpose.
(3) The Secretary shall be responsible for the preparation and
presentation of the annual estimates and statements of accounts.
192 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(4) The Secretary shall be the custodian of the records, the common
seal and such other property of the Board as the Board or Chairman may
commit to his charge.
(5) The secretary or any other officer/officers authorised by him
shall under the authority of the Chairman, conduct the official
correspondence of the Board.
(6) Subject to the control of the Examination Committee, the Secretary
shall be responsible for making arrangements for holding the examination
of the Board and shall in order to ensure the smooth and efficient conduct
of the examinations take such action as he deems necessary for the
purpose.
(7) Subject to the control of Examination Committee, the Secretary
shall be responsible for making arrangements connected with setting and
printing of question papers for all examinations held by the Board
including their safe custody and all other matters connected therewith.
(8) The secretary shall, on behalf of the Board, issue diplomas and
certificates in the prescribed form to the successful candidates who have
passed the examination of the Board.
(9) All meetings of the Board shall be convened through the
Secretary in the manner provided in the regulations.
(10) The Secretary shall be responsible for seeing that all moneys
of the Board are expended for the purpose for which they are granted
or allotted.
(11) Unless otherwise ordered by the Board, the Secretary shall also
act as the Secretary of the committees constituted under this Act or
regulations made thereunder and shall be responsible for keeping the
minutes of their meetings :
Provided that he may authorise any officer of the Board to keep the
minutes of the various committees.
(12) Unless otherwise ordered by the Chairman the Secretary shall
participate in all the meetings of the Board but shall have no right to
vote.
(13) The Secretary may, with the previous approval of the Chairman,
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 193
delegate any of his powers, prescribed under the provisions of this Act
or regulations made thereunder, to any officer of the Board.
(14) The Secretary shall exercise such other powers as may be
prescribed by rules or regulations or as may be delegated to him by
the Chairman.
16. Joint Secretary.–– The Board shall appoint one or more Joint
Secretaries on such terms and conditions and for such period as the Board
may deem fit.
17. Powers and functions of Joint secretaries.–– The Joint Secretary
shall, in absence of the Secretary, act as the Secretary of the Board and
various other committees and shall perform such other duties and exercise
such other powers of the Secretary as may be assigned to him by the
Chairman of the Board :
Provided that when there are more than one Joint Secretaries the
senior-most shall act as the Secretary.
1[17A. Director Academics.–– The Director Academics shall be the whole
time paid officer of the Board and shall be appointed by the Government from
amongst senior and competent academicians or educationists having a deep
understanding on various issues including that of curriculum making,
teaching-learning methodology, contemporary advances in cognitive learning
and all such related matters.
17 B. Powers and functions of Director Academics.–– Subject to the
control and regulations of the Board, the Director Academics, shall head such
Divisions of the Board as may be provided in the regulations for realisation of
various educational objectives of the Board including that of––
(a) preparation of curricula for different stages of education ;
(a) (b) preparation of curricula for various Teacher Education Courses ;
(b) (c) preparation of curricula for Vocational Courses and Physical
Education ;
(c) (d) development of material or books for various stages of
education, promotion and development of quality education in
the Union territory ;
1. Sections 17A and 17B inserted by S.O. 3466 (E) dated 05.10.2020.
194 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(e) reviewing, revising or preparing scheme or schemes of
examinations ;
(f) conducting orientation courses in new methods of evaluation ;
(g) conducting refresher courses of teachers in new schemes/
teaching new curricula.]
18. Terms and conditions of service of employees.–– The Board may
make regulations providing for the minimum qualifications for recruitment
and the conditions of service of the employees of the Board ; provided
that the conditions of service applicable to an employee of the Board of
Secondary Education before the commencement of this Act shall not be
varied to his disadvantage.
CHAPTER III
FUNDS, ACCOUNTS AND CONTRACTS
19. Constitution of Board Fund.–– A Board Fund shall be constituted
and all sums received by or on behalf of the Board under this Act or
otherwise shall be placed to the credit thereof.
20. Custody and investment of Board Fund. ––(1) All moneys at the
credit of the Board Fund except permanent advance required to meet petty
expenditure shall be kept in the current or Savings Bank Account with
a Scheduled Bank :
Provided that nothing in this section shall be deemed to preclude
the Board from investing any moneys belonging to the Board including
any unapplied income in any of the approved securities or to place on
fixed deposit in any Scheduled Bank, any portion of such moneys not
required immediately for expenditure.
Explanation.–– In this sub-section, the expression ‘Scheduled Bank’
means a Bank included in the Second Schedule to the Reserve Bank of
India Act, 1934.
(2) Subject to the direction of the Chairman, the accounts of the
Board with a Bank shall be operated upon by the Secretary of the Board
or by such other officer as may be authorised by the Chairman for the
purpose.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 195
21. Application of Board Fund.–– Subject to the provisions of this
Act, the Board Fund shall be applied as follows :––
(i) For payment of charge and expenses incidental to several
matters specified in this Act in accordance with the regulations
made in this behalf.
(ii) For other purposes for which by or under this Act powers are
conferred and duties imposed upon by the Board in accordance
with the regulations.
22. Audit of the Accounts of the Board.–– The accounts of the
Board shall be audited annually by such agency as may be specified by
the Government and a copy of audited accounts and balance sheet shall
be submitted by the Board to the Government at the end of every year.
1[22A. Financial Advisor. ––(1) The Administrative Secretary, Finance
Department, or any officer nominated by the Government of Union territory of
Jammu and Kashmir shall be the ex officio Financial Advisor to the Board.
(2) The Financial Advisor shall be an ex-officio member of the Board and
its Finance Committee.
(3) The Financial Advisor shall exercise such powers and perform such
duties as may be prescribed by the Statutes and regulations made under this
Act.]
23. Contracts.–– All contracts and assurances of property of the
Board shall be in writing for and on behalf of the Board and shall be
signed by the Secretary or a person authorised by the Board or in such
other manner as may be prescribed and shall if so signed, be binding on
the Board.
CHAPTER IV
COMMITTEES OF THE BOARD
24. Appointment and constitution of Committees. ––(1) The Board
shall appoint the following Committees, namely :––
(a) a Recognition Committee ;
1. Section 22A inserted by S.O. 3466 (E) dated 05.10.2020.
196 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(b) a Finance Committee ;
(c) a Committee for Examinations ;
(d) a Committee for Development and Research ;
(e) an Academic Committee to consider general questions relating
to preparations of curricula, syllabi and prescription of books
for various courses from Class I to XII ; and
(f) such other Committees, if any, as may be prescribed.
(2) The Board shall constitute the Committees in such manner and
for such period as it may prescribe by regulations.
(3) The term of office of the members of the Committees shall be
such as may be prescribed by regulations.
(4) Unless otherwise provided in the regulations, no person shall
be a member of more than two of the following Committees :––
(a) the Committee for Examination ;
(b) the Finance Committee ;
(c) the Recognition Committee ;
(d) the Academic Committee ; and
(e) the Development and Research Committee.
25. Powers and functions of the Committees.––(a) Recognition
Committee.–– The Recognition Committee shall scrutinize applications
received from schools desiring to be recognised for purposes of an
examination or examinations conducted by the Board, call for any
information necessary for purposes of recognition, appoint panels of
Inspectors inclusive of the officers of the Board, to conduct the inspection
of various schools and perform such other duties as may be prescribed
or delegated to it by the Board. It may appoint sub-committees for the
purpose, whenever necessary.
(b) Finance Committee––
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 197
(i) the Finance Committee shall act as an advisory body in all
matters concerning the finances of the Board ;
(ii) the Finance Committee shall prepare the Annual Budget of
Income and Expenditure and submit it to the Board for its
approval ;
(iii) no new item of expenditure shall be incurred by the Board or
its administrative or executive head without the prior
concurrence of the Finance Committee ;
(iv) the Finance Committee shall perform such other functions as
may be prescribed or delegated to it by the Board.
(c) A Committee for Examinations.––
The Committee for Examinations shall, subject to the control of
the Board,––
(i) make arrangement for the conduct of the examinations in
conformity with the regulations ;
(ii) constitute a sub-committee for appointment of paper setters
and examiners after considering the recommendations of the
Committee of Courses ;
(iii) propose the opening and closing of examination centres ;
(iv) appoint tabulators and collectors for the examinations conducted
by the Board ;
(v) consider and decide the cases relating to misconduct and use
of unfair means in the examination conducted by the Board ;
(vi) authorise Secretary or any other officer to scrutinize applications
from private candidates for permission to appear in the
examinations of Board ;
(vii) appoint Superintendents, Deputy Superintendents, Assistant
Superintendents and Invigilators for the conduct of the various
examinations of the Board ;
198 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(viii) appoint vigilance squads and inspectors for the various
examinations of the Board ;
(ix) consider all other matters arising out of the conduct of
examinations and make recommendations, where necessary, to
the Board ;
(x) authorise declaration and publication of results of the
examinations conducted by the Board ;
(xi) quash the result of a candidate after it has been declared if
he is disqualified for having used unfair means in the
examination ;
(xii) amend or quash the result of a candidate after it has been
assessed and published, when found to have been effected by
error, mal-practice, fraud, misrepresentation or any other
misconduct ; and
(xiii) constitute such other sub-committee and delegate such powers
to it as it may consider necessary.
(d) Development and Research Committee.—
The Committee shall deal with all matters relating to development
and research of new techniques and procedures especially those relating
to examination reforms. It shall also organise orientation courses or
training programmes for paper setters, moderators and examiners.
(e) An Academic Committee.––
The Academic Committee shall––
(i) consider all academic questions relating to examinations
conducted by the Board, including the conditions to be fulfilled
and the tests to be passed by the candidates and report
thereon to the Board ;
(ii) recommended to the Board syllabi and courses of study for
the examinations held by the Board except such text books as
may be got edited by the Board itself, after considering the
recommendations of the committee of courses ;
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 199
(iii) constitute sub-committees for preparation of syllabi in various
courses ;
(iv) advise the Board on general matters relating to technical and
vocational education ;
(v) make arrangements for editing, printing and publication of such
books as may be decided by the Board ;
(vi) make suggestions and recommendations to the Board for the
dissemination and promotion of women’s education in the
*State ;
(vii) constitute such other sub-committee and delegate such powers
to it as it may consider necessary.
26. Other Committees.–– The other Committees shall exercise such
powers and discharge such duties as may be prescribed by regulations.
CHAPTER V
PROCEDURE OF THE BOARD AND OF ITS COMMITTEES
27. Casual vacancies.–– All casual vacancies among the members
of the Board, or of a Committee appointed by the Board shall be filled
as soon as convenient, by the Government or body or person who
nominated the member whose place has become vacant and the person
nominated or appointed to a casual vacancy shall be a member of the
Board or the Committee, as the case may be, for the residue of the term
for which the person whose place he fills would have been a member.
28. Proceedings not invalidated by reason of vacancies and
irregularities.–– No act or proceedings of the Board or of a committee
appointed by it shall be invalidated merely by reason of a vacancy or
vacancies among its members, or by reason of a defect in its constitution
or an irregularity in procedure not affecting the merits of the case.
29. Quorum.–– The quorum to constitute a meeting of the Board or
any committee shall be, one-third of the total number of members of the
Board or the Committee.
* Now Union territory of Jammu and Kashmir.
200 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
30. Members interested not to take part in discussion.–– No member
shall take part in the discussion of, or exercise his vote on any matter
in which he has any personal interest.
31. Powers of the Government. ––(1) The Government shall have the
right to cause an inquiry to be made by such person or persons as it
may direct in respect of any matter connected with the affairs or
functioning of the Board.
(2) The Government shall communicate to the Board its views with
reference to the results of the inspection or inquiry and may, after
ascertaining the views of the Board thereon, advise it on the action to
be taken and fix a time limit for taking such action.
(3) The Board shall report to the Government such action, if any,
as it proposes to take or has taken upon the communication received
under sub-section (2).
(4) If the Board does not, within a reasonable time, take action to
the satisfaction of the Government with reference to the matter on which
a communication has been received under sub-section (2), the Government,
may, after considering any report which the Board may furnish, issue such
directions consistent with the provisions of this Act, as it may think fit
and the Board shall comply with such directions.
32. Powers of the Government for removal of difficulty.–– If any
difficulty arises as to the first constitution of the Board and of any of
its committees after the commencement of this Act, or otherwise in giving
effect to the provisions of this Act, the Government, as  occasion may
require, may by order do anything which appears to them necessary for
the purpose of removing the difficulty.
CHAPTER VI
MISCELLANEOUS
33. Powers of the Board to make regulations. ––(1) The Board may
make regulations for the purposes of carrying into effect the provisions
of this Act.
(2) In particular and without prejudice to the generality of the
foregoing powers, the Board may make regulations providing for the
following matters, namely :––
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 201
(a) the procedure of conduct of business of the Board and its
committees ;
(b) the constitution, powers and duties of the committees set up
by the Board ;
(c) the conferment of the diplomas and certificates ;
(d) the conditions for admission of institutions to the privileges
of 1[affiliation] and withdrawal of 1[affiliation] ;
(e) the courses of study to be laid down for all certificates
including such courses of study as may be printed, edited and
published by the Board ;
(f) the conditions under which the candidates shall be admitted
to the examinations of the Board and shall be eligible for
diplomas and certificates ;
(g) the fees for admission to the examinations of the Board ;
(h) the remuneration for paper setters, examiners, supervisory
staff etc. engaged for the conduct of the examinations of the
Board ;
(i) the appointment of examiners and their powers and duties ;
(j) the conduct of examinations ;
(k) the appointment of officers, ministerial staff and other staff of
the Board and the conditions of their service ;
(l) the constitution of a Provident Fund for the benefit of officers,
officials and other staff employed by the Board ;
(m) the control, administration, safe custody and management in
all respects of the finances of the Board ;
(n) the institution of scholarships, medals and prizes ;
(o) the allowances of the members of the Board and all its
committees ;
1. Substituted for “recognition” by S.O. 3466 (E) dated 05.10.2020.
202 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(p) the conditions of the pension of permanent employees of the
Board ;
(q) the curricula and courses of study to be laid down and books
prescribed for the elementary, secondary and higher secondary
education ;
(r) procedure for effecting corrections in date of birth, name and
parentage of a candidate having passed, an examination of the
Board in the records of the Board ;
(s) all matters which by this Act are to be or may be prescribed
or provided for by regulations.
134. Omitted.
2[35. Copies of regulations and alterations thereof.–– A copy of
every regulation made by the Board under section 33 and of every
modification or revision thereof shall be submitted to the Government for
information.]
36. Provisions regarding institutions imparting secondary and
higher secondary education recognised by the Board of Secondary
Education.–– Notwithstanding anything contained in this Act, all
educational institutions admitted to the privileges of the Board of
Secondary Education in respect of 3[High School, Higher Secondary
School and Elementary Teacher Training Education] shall after the
commencement of this Act, be deemed to be admitted to the privileges
of the Board under this Act.
4[37. Admission of institutions to privileges of Board. ––(1) Any
Institution, in or outside the Union territory, may apply to the Board for
being admitted to the privileges of the Board and the Board may, subject
to such conditions and restrictions as may be prescribed, admit such
institution to the privileges of the Board.
(2) Where the Board is satisfied that its privileges are being abused by
any affiliated institutions or that the prescribed conditions or restrictions are
not being compiled with by such institutions, the Board may withdraw its
1. Section 34 omitted by S.O. 3466 (E) dated 05.10.2020.
2. Section 35 substituted ibid.
3. Substituted for “High School and Higher Secondary School Education” ibid.
4. Section 37 substituted ibid.
BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975 203
privileges from the institutions, and thereon the institution shall cease to be an
affiliated institution :
Provided that before withdrawing the privileges, the Board shall require
the institution to showcase why such action should not be taken and consider
any explanation which may be furnished by it.]
38. Continuance of service of the existing employees. ––
Notwithstanding anything contained in this Act or any regulation made
thereunder or in any other law for the time being in force, all employees
of the Board of Secondary Education, constituted under the Jammu and
Kashmir Secondary Education Act, 1965, who immediately before the
commencement of this Act, were holding or discharging the duties of any
post or office in connection with the affairs of the said Board shall
continue in service on the same terms and conditions as regulated their
service before such commencement.
39. Alteration in the designation of a Government officer.–– Where
any provision of the Act or the regulation refers to any officer of
Government by designation, then, if that designation is altered or the
office held by such officer ceases to exist the reference shall be construed
as reference to the altered designation, or as the case may be, to such
corresponding officer as the Government may direct.
1[40. Meetings of the Board. ––(1) The Board shall hold its meetings
at least four times in a year but three months shall not intervene between
its last meeting and the next following meeting.
(2) The Chairman shall preside every meeting of the Board.
(3) All matters in a meeting of the Board shall be decided by the vote of
the majority of the members present and voting :
Provided that in the case of equality of votes, the Chairman shall, in
addition to his vote as a member, have a casting vote.
(4) Two-third of the total membership shall form a quorum at a meeting of
the Board :
Provided that if a meeting is adjourned for want of quorum, no quorum
shall be necessary at the next meeting for transacting the same business.
1. Section 40 substituted by S.O. 3466 (E) dated 05.10.2020.
204 BOARD  OF  SCHOOL  EDUCA TION  ACT, 1975
(5) Copy of the proceedings of every meeting of the Board shall be sent
to the Government by the Secretary as soon as the meeting is held.
(6) No action taken, or proceedings taken, under this Act by the Board
shall be invalid merely on the ground of the existence of any vacancy amongst
members, or by reason of defect or irregularity in its constitution or any
irregularity in procedure not affecting the merits of the case.]
42. Assets and liabilities.–– The assets and liabilities of the Board
of  Secondary Education existing immediately before the commencement
of the Act shall form the assets and liabilities of the Board constituted
under this Act.
1[43. Legal proceedings.–– No suit shall be instituted against the
Board, or any member thereof, or any of its officers or other employees,
or any person acting under the directions of the Board or any member
or any officer or other employees of the Board in respect of any act done
or purporting to have been done in pursuance of this Act or any rule
or regulation mad

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